Opinion
3:11-cv-810-RCJ-VPC
05-17-2013
ALMA L. SARABIA and JUAN A. SARABIA, Plaintiffs, v. SIERRA PACIFIC MORTGAGE COMPANY, INC., et al., Defendants.
ORDER
Currently before the Court is a Motion to Expunge Lis Pendens (#32).
DISCUSSION
In November 2011, Plaintiffs Alma Sarabia and Juan A. Sarabia filed a second amended complaint ("SAC") in this Court. (SAC (#8)). In the SAC, Plaintiffs sued Sierra Pacific Mortgage Company, Inc.; Greenhead Investments, Inc.; BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP; and Federal Home Loan Mortgage Corp. (Id. at 1). In the SAC, Plaintiffs alleged causes of action for: (1) declaratory relief; (2) violation of Truth in Lending Act ("TILA"), 15 U.S.C. § 1641(f)(2); (3) debt collection violations, NRS § 649.370; (4) unfair and deceptive trade practices; (5) quiet title; (6) rescission, mistake, and void agreement; and (7) cancel notices of default and trustee's deed upon sale based on wrongful foreclosure. (Id. at 3-14).
The second amended complaint is mislabeled as the "First Amended Complaint." (See SAC (#8) at 1). Plaintiffs filed a notice of errata stating that the document entitled "First Amended Complaint" was improperly titled and should have stated "Second Amended Complaint." (Notice of Errata (#10) at 1).
In March 2012, Defendants Bank of America and Federal Home Loan Mortgage Corp. (collectively "Defendants") filed a motion to dismiss the complaint in its entirety. (See Mot. to Dismiss (#18)). On July 9, 2012, this Court granted the motion to dismiss all causes of action without leave to amend. (Order (#27) at 6-9). The Court also sua sponte dismissed the remaining defendants in the case. (Id. at 9). The Clerk of the Court entered judgment in the case. (Judgment (#28) at 1).
Defendants now file a motion to expunge lis pendens. (Mot. to Expunge (#32) at 1). Plaintiffs did not file a response. (See Notice of Non-Opp'n (#33) at 1). The Court grants the motion to expunge lis pendens because there are no remaining claims left in this case.
CONCLUSION
For the foregoing reasons, IT IS ORDERED that the Motion to Expunge Lis Pendens (#32) is GRANTED.
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United States District Judge